VIJAY PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH the O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 the applicant seeks to quash the order dated 11.8.2008 (Annexure A -1) passed by respondent No. 4 and order dated 24.12.2008 (Annexure A -2) passed by respondent No. 5. He also seeks an order or direction commanding the respondents to treat him as being in service from 17.3.2005 and award all consequential benefits thereof. Short facts are that the applicant joint service as Booking Clerk with the N.E. Railway, Lucknow Division in 1976. Even before the joined service he had inherited a lot of landed property from his father, who had died in 1971 and from his maternal grand father after the death of his mother in 1994. He had not filed any property return either at the time of joining service or anytime thereafter as he was never directed to do so by the respondents. He had filed annual income tax every year disclosing all sources of income and paying tax thereon (Para 6.8 of Annexure A -8).

(2.) ON 31.1.2001, Central Bureau of Investigation, Lucknow filed an FIR under Sections 13(1) and (2) of Prevention of Corruption Act, 1988 alleging that he has amassed disproportionate asset during the period 1.1.1994 to 31.1.2001. The CBI seized 9 documents pertaining to sale of his mother's ornaments on 2.7.2001 through two brokers Shri Uma Prasad Verma and Suraj Prasad Verma and recorded their statement. Before any charges could be framed against him either by the CBI or by the department, he filed his movable/immovable property statement on 29.7.2002. The CBI investigation concluded holding him responsible for having an income of Rs. 2,41,532/ - which could not be adequately explained.

(3.) A charge sheet dated 3.2.2003 (Annexure A -3) was issued to him laying the following 2 charges against him: - -